Rodriguez v. Jacaranda Club, LLC d/b/a Sapphire New York et al
| Rodriguez Iolanda and Iolanda Rodriguez |
| Jacaranda Holdings, LLC, Club at 60th St., Inc., Jacaranda Club, LLC d/b/a Sapphire New York, Sapphire NY, LLC, Jacaranda Club, LLC d/b/a Sapphire New York Defendant- Jacaranda Club, LLC d/b/a Sapphire New York and Jacaranda Club, LLC doing business as Sapphire New York |
| 1:2017cv07189 |
| September 21, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Gabriel W Gorenstein |
| Laura Taylor Swain |
| Civil Rights: Jobs |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 28
STIPULATION OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED, by and between the parties, through their undersigned counsel, that this action, including all claims that were asserted herein, is hereby dismissed with prejudice and without costs to any party. The parties agree to bear their own costs and attorneys' fees except as otherwise agreed to between the parties. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/10/2018) (ama)
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Filing 27
MEMORANDUM ORDER: The Court has carefully considered the parties' joint submission, which includes a letter memorandum from Plaintiff's counsel, a proposed settlement agreement, a stipulation of dismissal with prejudice, and a list of attorney's fees and expenses. (See Docket Entry No. 26.) In light of the factors articulated above, as well as the Court's review of the agreement and the parties' representations as set forth in the letter memorandum from Plaintiff's counsel, the Court finds that the proposed settlement agreement, including the attorneys fees and expense award component, is fair and reasonable and that it satisfies the requirements of Cheeks. And as set forth herein. SO ORDERED. (Signed by Judge Laura Taylor Swain on 8/10/2018) (ama)
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| Filing 26 LETTER addressed to Judge Laura Taylor Swain from Plaintiff's Counsel dated August 7, 2018 re: Settlement fairness letter. Document filed by Iolanda Rodriguez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 3)(Wolnowski, Casimir) |
| Filing 25 NOTICE OF CHANGE OF ADDRESS by Casimir Joseph Wolnowski on behalf of Iolanda Rodriguez. New Address: Law Office of Casey J. Wolnowski, 73 5th Avenue, Suite 2A, New York, New York, United States 10003, 7188580917. (Wolnowski, Casimir) |
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Filing 24
ORDER: A proposed stipulation of dismissal with prejudice has been submitted to the Court for approval. Pursuant to the Second Circuit's decision in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 205 (2d Cir. 2015), parties may not privately settle FLSA claims without approval of either the district court or the Department of Labor. Accordingly, it is hereby ORDERED that the parties file their proposed settlement agreement for Court approval of the agreement as fair and reasonable within 45 days of the date hereof. The approval request must be supported by a declaration and any other evidence necessary to support the requested determination. See Cheeks, 796 F.3d at 205. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/05/2018) (ama)
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Filing 23
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel and pursuant to Rule 1.4 of the Local Rules of the U.S. District Court for the Southern District of New York, that the Law Office of Casey J. Wolnowski is hereby substituted for the law firm of Phillips & Associates, Attorneys at Law, PLLC, as counsel of record for the plaintiff Iolanda Rodriguez in the above-captioned case. A Declaration in support of this Stipulation and Order is attached hereto. SO ORDERED., Attorney Steven John Fingerhut terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/25/2018) (ama) Modified on 7/9/2018 (tro).
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| Filing 22 NOTICE of Substitution of Attorney. Old Attorney: Phillips & Associates, Attorneys at Law, PLLC, New Attorney: Law Office of Casey J. Wolnowski, Address: Law Office of Casey J. Wolnowski, 73 5th Avenue, Suite 2A, New York, New York, United States 10003, 718.858.0917. Document filed by Iolanda Rodriguez. (Wolnowski, Casimir) |
| Filing 21 NOTICE OF APPEARANCE by Steven John Fingerhut on behalf of Iolanda Rodriguez. (Fingerhut, Steven) |
| Filing 20 NOTICE OF APPEARANCE by Jeffrey A. Kimmel on behalf of Club at 60th St., Inc., Jacaranda Club, LLC, Jacaranda Holdings, LLC, Sapphire NY, LLC. (Kimmel, Jeffrey) |
| Filing 19 NOTICE OF APPEARANCE by Paul J Rutigliano on behalf of Club at 60th St., Inc., Jacaranda Club, LLC, Jacaranda Holdings, LLC, Sapphire NY, LLC. (Rutigliano, Paul) |
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Filing 18
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel and pursuant to Local Rule 1.4, that the law firm of Akerman LLP is hereby substituted in place of the law firm of Meister Seelig & Fein LLP as counsel of record for defendants Jacaranda Club, LLC d/b/a Sapphire New York, Jacaranda Holdings, LLC, Sapphire NY, LLCand Club at 60th St., Inc. in the above-captioned case. SO ORDERED., Attorney Racquel Crespi Weintraub terminated. (Signed by Judge Laura Taylor Swain on 4/05/2018) (ama)
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Filing 17
MEMO ENDORSEMENT: on re: #16 Letter filed by Iolanda Rodriguez. ENDORSEMENT: The case will remain on the suspense calendar pending the next timely status report. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/02/2018) (ama)
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| Filing 16 LETTER addressed to Judge Laura Taylor Swain from Plaintiff's counsel dated March 30, 2018 re: Status update. Document filed by Iolanda Rodriguez.(Wolnowski, Casimir) |
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Filing 15
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for Plaintiff Iolanda Rodriguez ("Plaintiff") and Defendants Jacaranda Club, LLC d/b/a Sapphire New York, Jacaranda Holdings, LLC, Sapphire NY, LLC and Club at 60TH St., Inc. (collectively, "Defendants") that the claims asserted by Plaintiff in this action are to proceed in arbitration, and the action is hereby stayed during the pendency of said arbitration. The parties are directed to file status reports as of April 1, 2018, and the first day of each calendar quarter thereafter as to the status of the arbitration proceedings and whether this case should be dismissed, restored to active status, or continued on the suspense calendar. The Clerk of Court is directed to put this on the suspense calendar. SO ORDERED. (Signed by Judge Laura Taylor Swain on 11/16/2017) (ama)
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Filing 14
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Laura Taylor Swain on 11/15/2017) (ap)
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to Answer. The request is granted. DE #12 is resolved. Club at 60th St., Inc. answer due 11/20/2017; Jacaranda Club, LLC answer due 11/20/2017; Jacaranda Holdings, LLC answer due 11/20/2017; Sapphire NY, LLC answer due 11/20/2017. (Signed by Judge Laura Taylor Swain on 10/20/2017) (mro)
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| Filing 12 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Laura Taylor Swain from Racquel Crespi Weintraub dated 10/18/2017. Document filed by Club at 60th St., Inc., Jacaranda Club, LLC, Jacaranda Holdings, LLC, Sapphire NY, LLC.(Weintraub, Racquel) |
| Filing 11 NOTICE OF APPEARANCE by Jeffrey A. Kimmel on behalf of Club at 60th St., Inc., Jacaranda Club, LLC, Jacaranda Holdings, LLC, Sapphire NY, LLC. (Kimmel, Jeffrey) |
| Filing 10 NOTICE OF APPEARANCE by Racquel Crespi Weintraub on behalf of Club at 60th St., Inc., Jacaranda Club, LLC, Jacaranda Holdings, LLC, Sapphire NY, LLC. (Weintraub, Racquel) |
| Filing 9 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #11 Notice) - NOTICE OF APPEARANCE by Jeffrey A. Kimmel on behalf of Club at 60th St., Inc., Jacaranda Club, LLC, Jacaranda Holdings, LLC, Sapphire NY, LLC. (Kimmel, Jeffrey) Modified on 10/18/2017 (db). |
| Filing 8 AFFIDAVIT OF SERVICE. Club at 60th St., Inc. served on 9/29/2017, answer due 10/20/2017. Service was accepted by Nancy Dougerty, Legal Clerk. Document filed by Iolanda Rodriguez. (Phillips, William) |
| Filing 7 AFFIDAVIT OF SERVICE. Sapphire NY, LLC served on 9/29/2017, answer due 10/20/2017. Service was accepted by Nancy Dougerty, Legal Clerk. Document filed by Iolanda Rodriguez. (Phillips, William) |
| Filing 6 AFFIDAVIT OF SERVICE. Jacaranda Holdings, LLC served on 9/29/2017, answer due 10/20/2017. Service was accepted by Nancy Dougerty, Legal Clerk. Document filed by Iolanda Rodriguez. (Phillips, William) |
| Filing 5 AFFIDAVIT OF SERVICE. Jacaranda Club, LLC served on 9/29/2017, answer due 10/20/2017. Service was accepted by Nancy Dougerty, Legal Clerk. Document filed by Iolanda Rodriguez. (Phillips, William) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Club at 60th St., Inc., Jacaranda Club, LLC, Jacaranda Holdings, LLC, Sapphire NY, LLC. (laq) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (laq) |
| Case Designated ECF. (laq) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (laq) |
| Filing 3 CIVIL COVER SHEET filed. (Wolnowski, Casimir) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Jacaranda Club, LLC d/b/a Sapphire New York, Jacaranda Holdings, LLC, Sapphire NY, LLC, and Club at 60th St., Inc., re: #1 Complaint. Document filed by Rodriguez Iolanda. (Wolnowski, Casimir) |
| Filing 1 COMPLAINT against Club at 60th St., Inc., Jacaranda Club, LLC d/b/a Sapphire New York, Jacaranda Holdings, LLC, Sapphire NY, LLC. (Filing Fee $ 400.00, Receipt Number 0208-14154672)Document filed by Rodriguez Iolanda.(Wolnowski, Casimir) |
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